How much notice does a landlord have to give before filing an eviction for unpaid rent in Texas?

3 days. That period is a lease-modifiable default, not a floor: the lease can shorten or lengthen it, and many Texas leases cut it to one day. Since January 1, 2026 a tenant never late before must instead get a notice to pay rent or vacate, and paying inside the window stops the eviction.

How much notice is required to evict for a lease violation in Texas?

3 days. For a lease violation other than nonpayment, Texas gives the tenant no right to cure: the same three days' written notice to vacate applies, and it is unconditional unless the lease itself grants a cure right. The lease can shorten or lengthen the three days.

How long does an eviction take in Texas?

About three weeks at the statutory minimum for an uncontested nonpayment case — roughly 20 days from notice to an enforceable lockout — though court congestion and service delays extend it.

Can a landlord change the locks or shut off utilities instead of going to court in Texas?

No — Texas bars self-help eviction by statute; a landlord must go through the court process. A Texas landlord may not shut a tenant out of the unit except through judicial process. An unlawful lockout or utility shutoff costs one month's rent plus $1,000, plus actual damages, court costs, and attorney's fees, and the tenant can get back in through an emergency court order.

What is the eviction process and timeline in Texas?

Verified July 21, 2026 All Texas topics →

Texas evictions start with a written notice to vacate whose statutory default is three days — but the lease can shorten or lengthen that period, and many standard leases cut it to 24 hours.

Cited to Tex. Prop. Code § 24.005 (a), (c-1), (d), (f-3), (f-4) and 8 more Texas statutes · Verified July 21, 2026

Since January 1, 2026 (Senate Bill 38, the biggest rewrite of Texas eviction law in decades), a tenant being evicted solely for nonpayment who was never late before must instead get a 'notice to pay rent or vacate' and can stay by paying within the notice period; repeat-late tenants can still get a flat notice to vacate, and no ground other than that carries any statutory right to cure. The landlord then files an eviction suit in the justice court for the precinct, the constable serves the citation within about five business days, and trial lands between the 10th and 21st day after filing under the completely rewritten Rule 510. Either side has five days after the judgment is signed to appeal for a fresh trial in county court — a tenant who appeals stays in possession only by paying rent into the court registry — and once the five days pass, the writ of possession can issue on the sixth day, the officer posts a 24-hour warning on the door, and the lockout follows: a best-case span of roughly three weeks from notice to lockout, derived from the statutory minimums. Against true squatters the landlord can seek summary disposition and win without any trial if the occupant does not raise a genuine factual dispute within four days of being served. Self-help eviction is prohibited — a landlord may exclude a tenant only through judicial process, and even the narrow lease-authorized lock-change for unpaid rent obliges the landlord to hand over the new key around the clock whether or not the tenant pays; an unlawful lockout or utility shutoff costs one month's rent plus $1,000, plus actual damages and attorney's fees, and the tenant can get back in through an ex parte writ of reentry.

Texas eviction process at a glance

Nonpayment notice (pay-or-quit)	3 days
Nonpayment notice rules (day counting, cure rights, service)	That period is a lease-modifiable default, not a floor: the lease can shorten or lengthen it, and many Texas leases cut it to one day. Since January 1, 2026 a tenant never late before must instead get a notice to pay rent or vacate, and paying inside the window stops the eviction. Prop. Code § 24.005(a): at least three days' written notice to vacate before filing, 'unless the parties have contracted for a shorter or longer notice period in a written lease or agreement' — the 3 days is a lease-modifiable DEFAULT, and Texas leases (including the standard TAA form) routinely shorten it to as little as one day. SB 38 (89th Leg., ch. 960, eff. Jan. 1, 2026) added a limited pay-and-stay rule: a tenant terminated SOLELY for nonpayment who was NOT late or delinquent before the month of the notice must be given a 'notice to pay rent or vacate' (paying within the notice period defeats the eviction); a tenant who was late before may be given either that form or a flat notice to vacate. There is NO statutory right to cure after suit is filed and no post-judgment reinstatement — the only later 'stay' is possession during appeal by perfecting the appeal and paying rent into the court registry (§§ 24.0053, 24.0054). Delivery per § 24.005(f-3): mail (first-class, registered, certified, or delivery service), delivery to a conspicuous place inside the premises, hand delivery to any tenant 16 or older, or (if agreed in writing) e-mail/electronic; actual receipt cures any method defect (f-4). Day counting per § 24.0042 (new, SB 38): calendar days — exclude the trigger day, count weekends and holidays, extend the last day past a Saturday, Sunday, or state/federal holiday.
Lease-violation notice period	3 days
Lease-violation notice rules (cure vs. termination)	For a lease violation other than nonpayment, Texas gives the tenant no right to cure: the same three days' written notice to vacate applies, and it is unconditional unless the lease itself grants a cure right. The lease can shorten or lengthen the three days. Same statute, same default: § 24.005(a) requires at least three days' written notice to vacate for a tenant who 'defaults' (any lease violation) or holds over, lease-modifiable in either direction. Texas has NO statutory cure-or-quit ladder — the notice for a lease violation is unconditional unless the lease itself grants a cure right, making Texas an outlier against states with 10/14/30-day cure schemes. A holdover eviction additionally requires compliance with the tenancy-termination notice of § 91.001 (one month for month-to-month). No statutory repeat-violation escalation exists because there is no first-violation cure right to escalate from.
Unconditional-quit grounds	In Texas essentially ALL grounds are 'unconditional quit' — no statute gives a tenant a right to cure any violation (the sole statutory cure is the new SB 38 pay-or-vacate notice for first-time nonpayment, § 24.005(a)). There is no separate expedited track for criminal activity or irreparable breach against tenants. Occupants who committed forcible ENTRY (no lease, no colorable claim — squatters) may be given oral or written notice to vacate 'immediately or by a specified deadline' (§ 24.005(d)), and against them the landlord may file a sworn motion for summary disposition with the petition (§ 24.005106, new in 2026): the occupant has 4 days from service to respond, and the court may enter judgment without any trial if no facts are genuinely disputed.
Court and action	The action is an 'eviction suit' — the statutory umbrella for forcible detainer (tenant holding over after termination, § 24.002) and forcible entry and detainer (occupant who entered without authority, § 24.001) — filed in the justice court of the precinct where the property sits (§§ 24.004, 24.0041); justice courts have no jurisdiction over title, counterclaims, or third-party joinder. Procedure is governed exclusively by Texas Rule of Civil Procedure 510, completely rewritten effective January 1, 2026 (Supreme Court Misc. Docket Nos. 25-9096/25-9105) to implement SB 38; the general justice-court Rules 500–507 no longer apply to eviction cases, courts may not modify or suspend Rule 510, and § 24.0043 provides that only the legislature may modify or suspend chapter-24 procedures (nullifying local eviction ordinances and judicial moratoria). Either party may demand a jury (3 days before trial); nonlawyer agents may represent parties in justice court (§ 24.011). Appeal is de novo to county court: transcript forwarded between the 6th and 10th day after appeal, county-court trial within 21 days of the papers' delivery (§ 24.005107(b)-(c)).
Filing to hearing	§ 24.0051(g) (SB 38) and Rule 510.8(b)(10): trial must be set not earlier than the 10th day and not later than the 21st day after the petition is filed, and not earlier than the 4th day after the tenant is served; postponements are capped at 7 days absent the parties' written agreement. The constable/sheriff must make a diligent effort to serve the citation within 5 business days of filing, after which the landlord may substitute any trained law-enforcement officer (§ 24.0051(f)). In a summary-disposition (forcible-entry/squatter) case the court may enter judgment without trial once the 4-day response window passes (§ 24.005106). Note the pre-2026 6-day-minimum/10-day-maximum trial window is repealed — the floor is now 10 days.
Writ of possession and lockout	The possession writ is the 'writ of possession.' It may not issue before the 6th day after the judgment for possession is rendered (§ 24.0061(b)); Rule 510.18(g)(1) states it as the LATER of the 6th day after the judgment is signed or the day after the tenant's appeal deadline, and a perfected appeal (with registry rent, where required) blocks issuance. Issuance on demand is 'a ministerial act not subject to review or delay' (§ 24.0061(b-1), new). The officer must serve the writ within 5 business days of issuance or the landlord may substitute another trained officer; execution requires a written warning of at least 8-1/2 by 11 inches posted on the front door stating an execution date/time 'not sooner than 24 hours after the warning is posted' (§ 24.0061(d)(1)), after which the officer delivers possession and removes tenants and property. The writ goes stale: it may not issue more than 60 days (extendable for good cause to 90) nor be executed more than 90 days after judgment (Rule 510.18(g)). Faster path: a landlord who files and serves a possession bond may obtain an immediate writ 7 days after the tenant is served with notice, unless the tenant appeals within that window (§ 24.0061(b), Rule 510.9). CARES-covered properties: § 24.005(c-1) (SB 38) lets the landlord file without waiting out the federal 30-day notice, but the writ may not be SERVED until the time since notice delivery equals the federal period.
Appeal window	5 days
Best-case uncontested timeline (derived from statutory minimums — contested cases run longer)	About three weeks at the statutory minimum for an uncontested nonpayment case — roughly 20 days from notice to an enforceable lockout — though court congestion and service delays extend it. Derived from the statutory minimums cited on this page, not a promise: a 3-day notice to vacate (calendar days, last day extended past weekends and holidays; leases often shorten it), then the petition is filed and the citation served within about 5 business days, then trial no earlier than the 10th and no later than the 21st day after filing, then judgment, then the 5-day appeal window, then a writ of possession issuing no earlier than the 6th day after judgment, then a 24-hour posted warning, then the lockout. The arithmetic: 3 + 10 + 6 + 1 ≈ 20 days from notice to enforceable lockout; a lease-shortened notice or possession bond can trim a few days, while service delays, the 21-day outer trial limit, jury demands, appeals (de novo in county court with rent paid into the registry), or court congestion extend it.
Self-help eviction (lockout, utility shutoff) barred	Yes
Self-help scope and tenant remedies	A Texas landlord may not shut a tenant out of the unit except through judicial process. An unlawful lockout or utility shutoff costs one month's rent plus $1,000, plus actual damages, court costs, and attorney's fees, and the tenant can get back in through an emergency court order. Prop. Code § 92.0081(b): a landlord 'may not intentionally prevent a tenant from entering the leased premises except by judicial process,' with narrow exceptions (bona fide repairs/construction/emergency, removing abandoned contents, and a rent-delinquency lock change). The lock-change exception is NOT an eviction tool: it requires lease authorization plus 3–5 days' advance written notice, and the landlord must hand over the new key on request, 24/7, 'without regard to whether the tenant pays the delinquent rent' (§ 92.0081(f)). Violations let the tenant recover possession or terminate, plus a civil penalty of one month's rent plus $1,000, actual damages, costs, and attorney's fees (§ 92.0081(h)), plus an additional month's rent for refusing the key (i); lease waivers are void (j). Utility interruption is separately barred by § 92.008 (except a tightly regulated submetered-electric nonpayment scheme) with the same one-month's-rent-plus-$1,000 remedy (§ 92.008(f)). Tenants have fast-track remedies: an ex parte writ of reentry after an unlawful lockout (§ 92.009) and a writ of restoration after an unlawful utility shutoff (§ 92.0091), both from the justice court.

Cite this page: "Landlord Atlas, Texas Eviction Process Laws (verified July 21, 2026), landlordatlas.com/laws/eviction-process/texas/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Texas statute in the citations section below.

Notes and caveats

Stale-source trap: nearly every pre-2026 summary is wrong — SB 38 (89th Leg., ch. 960) rewrote Property Code chapter 24 and Rule 510 effective January 1, 2026. Virtually every secondary source predating 2026 misstates current law.
What SB 38 repealed — Gone are the old 6-day-minimum trial setting, § 24.005's old subsections (f)-(i), and the general justice-court rules' application to eviction cases.
The '3-day notice' is a default, not a floor — § 24.005(a) lets the parties contract for a 'shorter or longer' notice period, so three days is a lease-modifiable default. It must not be presented as a statutory minimum.
The pay-or-vacate rule is already being garbled — Secondary sources are reporting the new rule as 'notice to vacate requires two months' delinquency.' The statute actually turns on whether the tenant was late before the month of the notice, not on months of arrears.
Summary disposition targets squatters, not holdover tenants — § 24.005106 attaches to petitions alleging forcible entry and detainer — occupants with no colorable right. Rule 510.10(b) separately allows ordinary Rule 503.2 summary-disposition motions in forcible detainer suits.
CARES Act properties: the limit lands on the writ, not the filing — § 24.005(c-1) now expressly permits filing without waiting out the federal 30-day notice period, but bars service of the writ until the federal period has run from notice delivery.
Day counting is set at chapter level — § 24.0042 and Rule 510.4 impose calendar-day counting with the last day extended past a weekend or holiday. Because the rule sits at chapter level it governs the 3-day notice, the 5-day appeal, and the 6-day writ alike.
The 5-day appeal window runs from signing — The appeal clock starts the day the judgment is signed (§ 24.005107(a), Rule 510.19(a)), and SB 38 added the tenant's perjury-backed affirmation of a meritorious defense.
Manufactured-home communities are a separate scheme — Termination and eviction in manufactured-home communities run under Property Code chapter 94, subchapter E; its figures must not bleed into the chapter-24 process described here.
Local eviction-notice ordinances are preempted — City eviction-notice ordinances — Dallas, and Austin's pre-2026 rules, for example — are now preempted territory under §§ 24.0043 and 24.005(e).
No 2026 bill can change this — Texas has a biennial legislature and the 89th's sessions concluded in 2025, so no live 2026 bill can amend these provisions.
Currency of the cited text — As of July 21, 2026 the cited chapter 24 and chapter 92 sections on statutes.capitol.texas.gov were current through the 89th Legislature's 2nd Called Session, with the SB 38 amendments fully consolidated. Rule 510 is cited to the Supreme Court's final amendment order (Misc. Docket No. 25-9105).

Common questions: Texas eviction process

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much notice does a landlord have to give before filing an eviction for unpaid rent in Texas?: 3 days. That period is a lease-modifiable default, not a floor: the lease can shorten or lengthen it, and many Texas leases cut it to one day. Since January 1, 2026 a tenant never late before must instead get a notice to pay rent or vacate, and paying inside the window stops the eviction.
How much notice is required to evict for a lease violation in Texas?: 3 days. For a lease violation other than nonpayment, Texas gives the tenant no right to cure: the same three days' written notice to vacate applies, and it is unconditional unless the lease itself grants a cure right. The lease can shorten or lengthen the three days.
How long does an eviction take in Texas?: About three weeks at the statutory minimum for an uncontested nonpayment case — roughly 20 days from notice to an enforceable lockout — though court congestion and service delays extend it.
How long does a tenant have to appeal an eviction judgment in Texas?: 5 days.
Can a landlord change the locks or shut off utilities instead of going to court in Texas?: No — Texas bars self-help eviction by statute; a landlord must go through the court process. A Texas landlord may not shut a tenant out of the unit except through judicial process. An unlawful lockout or utility shutoff costs one month's rent plus $1,000, plus actual damages, court costs, and attorney's fees, and the tenant can get back in through an emergency court order.

Statute citations

Tex. Prop. Code § 24.005 (a), (c-1), (d), (f-3), (f-4) (verified 2026) Official source
Tex. Prop. Code § 24.0042 (verified 2026) Official source
Tex. Prop. Code § 24.0051 (f), (g) (verified 2026) Official source
Tex. Prop. Code § 24.005106 (a)-(c) (verified 2026) Official source
Tex. Prop. Code § 24.005107 (a)-(c) (verified 2026) Official source
Tex. Prop. Code § 24.0061 (b), (b-1), (d) (verified 2026) Official source
Tex. Prop. Code § 92.008 (a), (b), (f) (verified 2026) Official source
Tex. Prop. Code § 92.0081 (b), (f), (h)-(j) (verified 2026) Official source
Tex. R. Civ. P. 510 (eff. Jan. 1, 2026), Sup. Ct. Misc. Docket No. 25-9105 510.8(b)(10), 510.9, 510.18(g), 510.19(a) (verified 2026) Official source

How this record was verified: Web verification against the Texas State Law Library landlord-tenant guides (guides.sll.texas.gov, official state source summarizing Prop. Code ch. 92) and full statute text of Prop. Code §§ 92.019, 92.103, 92.104, 92.107, 92.109 via legal databases; statutes.capitol.texas.gov URLs cited for the official text.